Analysis

How Law Affects LGBT in NepalOn 21 December 2007 the Supreme Court ruled that the new democratic government must create laws to protect LGBT rights and change existing laws that are tantamount to discrimination.
On 18 November 2008 the Supreme Court directed the government to enact laws enabling equal rights to LGBT citizens. While not explicitly legalising same-sex marriage, the ruling instructed the government to form a committee to look into same-sex marriage (Pokharel 2011).

In the drafting of the new Nepalese constitution, same-sex marriage and protection for sexual minorities was supposed to be established.“Rights for LGBTIs have been well drafted in the new constitution. They will ensure non-discrimination and separate citizenship IDs for third-gendered people,” says Sunil Babu Pant, Nepal’s first openly gay lawmaker (Hindustan Times 2010).

Recognition of same-sex relationships

On 18 November 2008 the Supreme Court directed the government to enact laws enabling equal rights to LGBT citizens. While not explicitly legalizing same-sex marriage, the ruling instructed the government to form a committee to look into same-sex marriage.
Same-sex marriage is currently not recognized in Nepal. In 2011 and 2012, the nation was undergoing a transition and attempted to add inclusive language into a newly drafted constitution. However negotiations among political factions failed. In May 2012, the parliament missed its deadline to write a new constitution for the fourth time since its creation in 2008. The Prime Minister Bhattari dissolved parliament and called elections for November (The New York Times 2012). A new constitution is yet to be completed and consented.

On March 2009, Pant said that "Though the court has approved of same sex marriage, the government is yet to enact a law," signaling that while a same-sex marriage bill has been ordered by the Supreme Court, it has yet to be drafted or voted on, much less legislated (Pink News 2009).

In June, 2009, Pant said the process has just started. “Nepal is going through transition and everything seems to move slowly. The seven-member committee has formed and just started working to study same-sex marriage bills in other countries. Hopefully they will draft the suggestion to make same-sex marriage law soon and give it to the Government to approve” (Star Observer 2009).